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09-11-2023 LUTC Packet
CITY or Federal Way Land Use & Transportation (LUTC) Council Committee Regular Meeting Agenda I(September 11, 2023 City Hall I 5:00 p.m. Council Chambers* The City Council may amend this regular meeting agenda and act on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. *Remote attendance options available via Zoom meeting code: 809 975 640 and passcode: 595617 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Topic Title/Description Presenter(s) Action or Info A. Approval of Minutes August 7, 2023 Action 9/11 B. Limited License Agreement with the City of Kent J. Cole Action 09/19 - Consent C. 27th Ave SW at SW 344th St Compact Roundabout - Approval to J. Cole Action Award 09/19 - Consent D. Transportation Grant Funding Applications C. Mullen Action 09/19 - Consent E. T-Mobile LLC Site Lease Agreement - Lakota Park K. Van Alstyne Action 09/19 - Consent F. T-Mobile LLC Site Lease Agreement — BPA/Twin Lakes K. Van Alstyne Action 09/19 - Consent G. Authorization to Add One (1) Senior Traffic Reviewer Position E. Walsh Action 09/19 - Consent H. Quarterly Update - Progress on Comprehensive Plan Periodic C. Skadsen Info Only Update I. Progress Update on Sound Transit Projects in Federal Way K. Smith Info Only J. Progress Update on the Joint Operations and Maintenance D. Winkler Info Only Facility 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be October 2, 2023 at 5:00 p.m. 6. ADJOURNMENT Committee Members City Staff Jack Dovey, Chair EJ Walsh, P.E., Public Works Director Jack Walsh, Member Sara Gilchrist Administrative Assistant/1 Hoang Tran, Member (253) 835-2700 August 7, 2023 5:00 p.m. City of Federal Way City Council Land Use & Transportation Committee MEETING SUMMARY City Hall Council Chambers Committee Members in Attendance: Committee Chair Jack Walsh, and Council Member Hoang Tran. Other Councilmembers in Attendance: Deputy Mayor Susan Honda, Council Member Lydia Assefa- Dawson, and Council Member Paul McDaniel. Staff in Attendance: Assistant City Attorney Kent Van Alstyne, Economic Development Director Tanja Carter, Community Development Director Keith Niven, Public Works Director El Walsh, Public Works Deputy Director Desiree Winkler, Sound Transit Liaison Kent Smith, Civil Engineer Jeff Huynh, Surface Water Quality Program Supervisor Kevin Du, Environmental Services Contract Coordinator Rebecca Kovar, Executive Assistant Amy Glandon, and Administrative Assistant II Sara Gilchrist. 1. CALL TO ORDER: Chair Walsh called the meeting to order at 5:00 PM 2. PUBLIC COMMENT: Brett Jacobson — Spoke regarding Item E 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: July 10, 2023 Committee approved the July 10, 2023 LUTC minutes. • Moved: Tran • Seconded: Walsh • Passed: 2-0 unanimously B. Authorization to Apply for and Accept the Stormwater Capacity Grant Surface Water Quality Program Supervisor Kevin Du presented the Stormwater Capacity Grant for authorization, including background information. Questions and discussion followed. Council Member Hoang Tran moved to forward the proposed authorization to apply for and accept the Storm Water Capacity Grant to the September 5, 2023 consent agenda for approval. Moved: Tran Seconded: Walsh Passed: 2-0 unanimously Committee Members Jack Walsh, Chair Hoang Tran, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 C. Amendment to the Comprehensive Garbage, Recyclables, and Compostables Collection Environmental Services Contract Coordinator Rebecca Kovar presented the Amendment for approval, including background information. Committee Member Hoang Tran moved to forward the proposed amendment to the September 5, 2023 consent agenda for approval. • Moved: Tran • Seconded: Walsh • Passed: 2-0 unanimously D. 2022 Pavement Repair Project — Project Acceptance Civil Engineer Jeff Huynh presented the 2022 Pavement Repair Project for acceptance, including background information. Questions and discussion followed. Council Member Hoang Tran moved to forward Option 1 to September 5, 2023 consent agenda for approval. • Moved: Tran • Seconded: Walsh • Passed: 2-0 unanimously E. ORDINANCE: MFTE Application Deadline Community Development Director Keith Niven presented the MFTE Application for deadline approval, including background information. Questions and discussion followed. Council Member Hoang Tran moved to table Item E to after item F. • Moved: Tran • Seconded: Walsh • Passed: 2-0 unanimously F. Progress Update on Sound Transit Projects in Federal Way Sound Transit Liaison Kent Smith reported on current activities regarding Sound Transit projects, including background information. Questions and discussion followed. E. Item E (Continued): ORDINANCE: MFTE Application Deadline Council Member Hoang Tran moved to untable Item E. • Moved: Tran • Seconded: Walsh • Passed: 2-0 unanimously Questions and discussions continued with the Assistant City Attorney Kent Van Alstyne. Council Member Hoang Tran moved to forward the proposed Ordinance to the First Reading on the September 5, 2023. • Moved: Tran Seconded: Walsh Passed: 2-0 unanimously Committee Members Jack Walsh, Chair Hoang Tran, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant ZI (253) 835-2706 4. OTHER: 5. FUTURE MEETINGS/AGENDA ITEMS: 6. The next LUTC meeting will be held September 11, 2023 at 5:00 p.m. in City Hall Council Chambers and via Zoom. 7. ADJOURNMENT: The meeting was adjourned at 05:39 p.m. Attest: Sara Gilchrist, Administrative Assistant II Approved by Committee: Date Committee Members Jack Walsh, Chair Hoang Tran, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 COUNCIL MEETING DATE: September 19, 2023 ITEM #: - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LIMITED LICENSE AGREEMENT WITH THE CITY OF KENT POLICY QUESTION: Should the Council authorize entering into a limited license agreement with the City of Kent to provide conduits for the city of Federal Way's fiber optic network? COMMITTEE: LUTC MEETING DATE: September 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole, E.I.T. DEPT: Public Works/Engineering m — —.. _W ..�_ Attachments: 1. LUTC Memorandum dated September 11, 2023 2. Limited License Agreement between the City of Kent and the City of Federal Way 3. Exhibit A — Legal Description of Licensed Area 4. Exhibit B — Map of Licensed Area Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMME:Ng%TION: Option 1. r MAYOR APPROV:II.. DIRECTOR APPROVAL: !t 'gyp 2, tl C'vm i�uunc InitiaMate 1 iail u[c lni[iaUDate COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the September 19, 2023 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member l,loang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreement. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Cole, E.I.T., Civil Engineer SUBJECT: Limited License Agreement with the City of Kent Financial Impacts: The Limited License Agreement between the City of Kent and the City of Federal Way will be a no cost agreement. The cost associated with this agreement are covered under the Fiber Loop Project and was included within the approved Capital Transportation Budget (Fund 306, Project 239) and is funded by Sound Transit Mitigation Fees. Upon completion of the Limited License between the City of Kent and the City of Federal Way, future costs associated with the Fiber Loop Project will be operations and maintenance which are anticipated to be relatively minor covered by the Information Technology budget, except for instances where the fiber optic system is significantly damaged. Background Information: This Limited License between the City of Kent and the City of Federal Way will allow the connection on S 272nd St, between S Star Lake Road and Pacific Highway S of the Fiber Loop Project. A portion of this path will be the sharing of a 3-inch conduit provided to the City of Kent by Sound Transit, the remainder will be access to by of Kent's right-of-way to install two City of Federal Way 3-inch conduits. In exchange for use of right-of-way and a portion of City of Kent's conduit, the City of Federal Way will install and supply one empty 3-inch conduit for the City of Kent's use. Funding: This is a no cost agreement between the City of Federal Way -and City of Kent. Rev. 7/l8 LIMITED LICENSE BETWEEN THE CITY OF KENT AND THE CITY OF FEDERAL WAY PARTIES THIS LIMITED LICENSE ("License") is between the CITY OF KENT, a Washington Municipal Corporation ("Kent"), and the City of Federal Way, a Washington Municipal Corporation ("Licensee"). RECITALS 1. This License will authorize the installation and maintenance of innerduct within one 4-inch diameter conduit within Kent's right-of-way on S. 272nd Street (between Star Lake Road and approximately 500 feet east of Pacific Highway South). 2. The installation of the 4-inch diameter conduit will take place as part of the traffic mitigation work associated with the Sound Transit Federal Way Link Extension project ("FWLE Project"). 3. Additionally, this License will also govern the terms of the installation of and payment for one 2-inch diameter conduit for Kent from Pacific Highway South to 500 feet east. NOW, THEREFORE, KENT AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. Kent grants this License ("License") for a period of ten (10) years from the Effective Date (the "Term") for Licensee to install and maintain one 1.5 -inch diameter innerduct within one 4-inch diameter conduit within Kent's right-of-way on S. 272nd Street (between Star Lake Road and approximately 500 feet east of Pacific Highway South) ("Facilities") across, along, in, upon, and under the portions of Kent's right-of-way described in Exhibit A ("Licensed Area"). This 4-inch diameter conduit will be equally shared between the parties. Kent and Licensee agree that this License shall automatically renew at the end of the Term, and a new ten (10) year Term shall commence, unless terminated as provided in Section 3 of this License. A general description of the plans and specifications for the installation and maintenance of these Facilities is attached as Exhibit B. This License is subject to all the terms and conditions established below. LIMITED LICENSE --Page 1 of 10(between City of Kent and City of Federal Way) 2. Installation of Facilities. 2.1 Kent will direct the installation of the Facilities (the one 4-inch diameter conduit for Licensee to share with Kent) on S. 272nd St. between Star Lake Road and approximately 500 east of Pacific Highway South. 2.2 Licensee will direct the installation of one separate 2-inch diameter conduit for Kent on S. 272nd from Pacific Highway South to approximately 500 feet east. 3. Damage to Licensed Area and Restoration. Licensee shall repair any damage to the Licensed Area caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection of the Facilities on the Licensed Area. Upon revocation, termination, or expiration of this License, Licensee shall restore the Licensed Area to its original condition prior to the issuance of the License. Such restoration obligation shall survive the expiration of this License. 4. Revocation and Termination. The intent of this License is to authorize Licensee to install and maintain the Facilities on the designated Kent right- of-way, which right-of-way constitutes a valuable property interest owned by Kent. This License does not grant an estate in the land described as the Licensed Area; it is not an easement; it is not a franchise; it is not exclusive; and it does not exclude Kent from full possession of the Licensed Area. As a License upon real property, it is revocable at the will of Kent. However, prior to termination or revocation by Kent, Kent shall provide Licensee with at least thirty (30) calendar days' written notice of termination or revocation. Upon receipt of such notice from Kent, Licensee is required to remove all Facilities and restore the Licensed Area pursuant to Section 3. If Licensee fails to remove the Facilities within the allotted time, Kent may remove all or part of the Facilities, restore the Licensed Area, and recover the costs of such removal and restoration from Licensee. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of Kent's removal of all or part of the Facilities. 5. Permits Required. Kent's grant of this License does not release Licensee from any of its obligations to obtain applicable local, state, and federal permits necessary to install, construct, operate, maintain, remove, repair, reconstruct, replace, use, and inspect the Facilities. Licensee's failure to comply with this Section shall constitute grounds for immediate revocation by Kent. 6. Maintenance. Licensee shall maintain the Facilities and Licensed Area in a clean, well -kept, orderly, and safe condition to the satisfaction of Kent. Licensee shall promptly make repairs at Licensee's cost, as necessary, to ensure the Facilities and Licensed Area are kept in good condition to the satisfaction of Kent. LIMITED LICENSE --Page 2 of 10(between City of Kent and City of Federal Way) 7. Relocation of Facilities. Whenever Kent causes the grading or widening of the Licensed Area or undertakes construction of storm drainage lines, lighting, signalization, sidewalk improvement, pedestrian amenities, or other public street improvements and such project requires the relocation of the Licensee's then existing Facilities within the Licensed Area, the following shall take place: (a) Kent will consult with Licensee in the predesign phase of any such project. Kent and Licensee agree that cost to taxpayers will be a significant consideration in consultations regarding the design of any such project. (b) After receipt of written notice from Kent, Licensee shall design and relocate Facilities within the Licensed Area within 90 days, unless the parties agree on a different time period. The parties will work in good faith and use their best efforts to coordinate their project schedules to avoid delay to Kent's project. (c) The relocation shall be at the Licensee's sole cost. 8. Location of Facilities. 8.1 Upon written request of Kent, or a third -party performing work in the right-of-way, and in order to facilitate the design of Kent streets and right-of-way improvements, Licensee agrees, at its sole cost and expense, to locate, and if determined necessary by Kent, to excavate and expose its Facilities for inspection so that the Facilities' location may be taken into account in the improvement design. Kent shall provide Licensee at least fourteen (14) calendar days' written notice prior to any excavation or exposure of Facilities. Licensee shall be responsible for any delays due to failure to locate its Facilities when requested, except that Licensee shall not be responsible for delays or damages due to circumstances beyond the control of the Licensee. 8.2 Licensee shall provide Kent with as -built drawings of the Facilities within Kent right-of-way at no cost to Kent. 9. Emergency. In the event of any emergency in which any portion of the Facilities breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of any individual, Licensee shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this emergency work shall not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee shall apply for those permits within the next two (2) business days. LIMITED LICENSE --Page 3 of 10(between City of Kent and City of Federal Way) 10. Indemnification. Licensee shall comply with the following indemnification requirements: 10.1 Licensee shall defend, indemnify, and hold Kent, its officers, officials, employees, agents, assigns, and volunteers harmless from any and all third party claims, actions, injuries, damages, losses, or suits, including all reasonable legal costs, witness fees, and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, except to the extent caused by the negligence of Kent, its employees, agents, contractors, or invitees. 10.2 Kent's inspection or acceptance of any of Licensee's work when completed shall not be grounds to avoid any of these covenants of indemnification. 10.3 These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that Licensee shall not be liable to indemnify Kent for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, the Licensee shall indemnify and hold Kent harmless as provided for in this Section 10 by reason of that settlement. Moreover, if Licensee refuses to defend Kent against claims by third parties in violation of section 10.1, Licensee shall indemnify Kent regardless of whether the settlement of such claims is made with or without Licensee's consent. 10.4 In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third party pursuant to this Section 10 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a refusal in violation of section 10.1, then Licensee shall pay all Kent's costs for defense of the action, including all reasonable legal costs, witness fees, and attorney fees and also including Kent's costs, including all legal costs, witness fees and reasonable attorney fees, for recovery under this Section 10 indemnification clause. 10.5 The provisions of this Section 10 shall survive the expiration or termination of this License. 11. Insurance. Licensee shall procure and maintain for the duration of this License, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work by Licensee. Licensee also agrees to require the same coverage of its agents, representatives, employees, contractors, subcontractors, consultants, subconsultants, or assigns performing work under the scope of this License and to assure that such coverage is 11.1 Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: LIMITED LICENSE --Page 4 of 10(between City of Kent and City of Federal Way) 11.1.1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 11.1.2 Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 11.1.3 Excess Liability insurance with limits not less than $2,000,000 per occurrence and aggregate. 11.2 Any payment of deductible or self -insured retention shall be the sole responsibility of Licensee. 11.3 Kent, its officers, officials, employees, agents, assigns and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Licensee and shall make its endorsement available for inspection by the Licensor. Licensor waives no rights and Licensee is not excused from performance if Licensee fails to provide Licensor with a paper copy of the endorsement naming Kent as an additional insured. 11.4 Licensee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 11.5 Licensee's insurance shall be primary insurance as respects Kent, and Kent shall be given thirty (30) calendar days prior written notice electronically and by United States mail of any cancellation, suspension or material change in coverage. 12. Modification. This License may not be modified, altered, or amended unless first approved in writing by both Kent and Licensee. 13. Assignment. Licensee shall not assign all or any portion of its rights, benefits, or privileges, in and under this License without prior written approval of Kent, which approval will not be unreasonably withheld or delayed. Licensee shall, no later than thirty (30) days prior to the date of any proposed assignment, file written notice of intent to assign the License with Kent together with the assignee's written acceptance of all terms and conditions of the License and promise of compliance. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits, and privileges in and under this License to the trustee for its bondholders and assign to any subsidiary, parent, affiliate or company having common control with Licensee so LIMITED LICENSE --Page 5 of 10(between City of Kent and City of Federal Way) long as notice of same is provided to Kent and provided Licensee remains fully liable to Kent for compliance with all terms and conditions of this license until such time as Kent shall consent to such assignment as provided above. 14. Compliance with Laws. Licensee shall comply with all federal, state, and municipal laws, rules, and regulations that are applicable to this License. 15. Venue and Jurisdiction. This License shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party shall be responsible for its own legal costs and attorney fees except as noted in Section 10. 16. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other party in writing: KENT: City of Kent Attn: City Clerk 220 Fourth Avenue South Kent, WA 98032 LICENSEE: City of Federal Way Attn: El Walsh 33325 8th Ave. South Federal Way, WA 98003 17. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. 18. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, Kent and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed in this License. This License shall be effective upon the last day executed below (Effective Date). LIMITED LICENSE --Page 6 of 10(between City of Kent and City of Federal Way) 19. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. This License is executed and shall become effective as of the last date signed below. CITY OF KENT CITY OF FEDERAL WAY By: By: Print Name: Dana Ralph Print Name: Jim Ferrell Its: Mayor Its: Mayor Date: Date: P:ACivil\PonnsVDeeds,Lasements,QuitClaimDeed,l,eases\Limited License Agreement.docx LIMITED LICENSE --Page 7 of 10(between City of Kent and City of Federal Way) STATE OF WASHINGTON ) ss. COUNTY OF KING I hereby certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LIMITED LICENSE --Page 8 of 10(between City of Kent and City of Federal Way) STATE OF WASHINGTON ) ss. COUNTY OF KING I hereby certify that I know or have satisfactory evidence that Jim Ferrell is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of City of Federal Way as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LIMITED LICENSE --Page 9 of 10(between City of Kent and City of Federal Way) EXHIBIT A LEGAL DESCRIPTION OF THE LICENSED AREA LIMITED LICENSE --Page 10 of 10(between City of Kent and City of Federal Way) Exhibit A Licensed Area THE NORTH 50 FEET OF THE EAST 1,186 FEET OF THE WEST 2,133 FEET OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN THE CITY OF KENT CORPORATE LIMITS AS ESTABLISHED UNDER CITY OF KENT ORDINANCE NO. 3351. ALSO, THE SOUTH 30 FEET OF THE EAST 1,186 FEET OF THE WEST 2,133 FEET OF SECTION 28, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. 1 +, Bank of America ATM (ID -iv -thru) II ,?` Tblvay an xvith � � ; � • + 6a A. { Luxury Seattle Towfl Car � d —CAR .TAR.at 27;yid a. #� pal key ,.. f The BL D Apartments Moires Powder'Housez__ 5nowboard shop , „ - 2L 72� 3 7ri�'t. -ift . t',, :ARCS .f 3rd St obi 'Auto Parts k Rs store AL aVita Redondo .f. hts Dialysis AMAL l�ala hwarma. _ { or t •or } • f COUNCIL MEETING DATE: September 19, 2023 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 27TH AVE SWAT SW 344TH ST COMPACT ROUNDABOUT -APPROVAL TO AWARD POLICY QUESTION: Should the Council authorize staff to award the 27th Ave SW at SW 344th: St Compact Roundabout Project to the lowest responsive, responsible bidder and authorize the Mayor to execute the contract? COMMITTEE: Land Use and Transportation MEETING DATE: September 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Cole �z DEPT: Public Works Attachments: 1. Land Use and Transportation Committee memorandum dated September 11, 2023 2. Bid Tabulation Options Considered: 1. Approve the award of the 27`' Ave SW at SW 344' St Compact Roundabout Project to Active Construction, Inc., the lowest responsive, responsible bidder, in the amount of $697,697.00 and approve a 10% contingency of $69,769.70 for a maximum contract amount of $767,466.70 and authorize the Mayor to execute the contract. 2. Do not approve the proposed award for the 27th Ave SW at SW 344th St Compact Roundabout Project and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: C174 lni6AT7atc DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward Option I to the September 19, 2023 consent agenda for approval. Jack Dovey, Committee Chair lack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to approve the award of the 27'i' Ave SW at SW 344'" St Compact Roundabout project to Active Construction, Inc., the lowest responsive, responsible bidder, in the amount of $697, 697.00 and approve a 10% contingency of $69, 769.70 for a maximum contract amount of $767,466.70 and authorize the Mayor to execute the contract. " BELOW TO BE COMPLETED BYCITYCLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, Public Works Directo John Cole, Civil Engineer SUBJECT: 27th Ave SW at SW 344th St Compact Roundabout - Approval to Award _Financial Impacts: The cost to the City for the 27th Ave SW at SW 344th St Compact Roundabout project was included within the approved budget under the Public Works Department, Capital Project #36232. In accordance with the approved budget, this item is funded by a federal HSIP grant, Real Estate Excise Tax, and Traffic Impact Fees. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted during the budget process. Background Information: Ten bids were received and opened on Aijgust 25, 2023 for the 27th Ave SW at SW 344th St Compact Roundabout project. See attached bid tabulation. The lowest responsive, responsible bidder is Active Construction,'Inc.. Financial Summary: ESTIMATED EXPENSES Design Construction Contract Construction Contingency (10%) Construction Management & Inspection TOTAL ESTIMATED EXPENSES ESTIMATED REVENUES Federal HSIP Grant Real Estate Excise Tax (REET) Traffic Impact Fees (TIF) TOTAL ESTIMATED REVENUE $170,000.00 $697,697.00 $69,769.70 $164,033.30 $1,101,500.00 $877,500.00 $180,000.00 $180,000.00 $1,237,500.00 Rev 7/l8 s© osssssmiss, sss sss sss ss ens ms m sss msss sss s©©• oommmenis,,,m mssssm=ssss �mORom ss m seen msa MINIM= mess3 MOOsER= F�IE smss MEN, •• • • IIMIMMM� MOM mmmmmm monnmo��m��m�m�E� sv - - om�m���m�ssst�sss�mssss�mssss�mssss�mssss��mssss�msss��m�mm�ssss�mssss�m�ms�ssms�ssss so o • - -. :. m�mmmm�mm�mmammmm�mmn mmsmLammm�m��m�m�m�mm�m�mm��m�mm��mmmmm�m�mm�mm�m��m �mmmm�mmmmmmmmmmmm��E so - -• - - •- om�s��m�m�m3�m3���m�mfn�mm�mtmmom�m��m�m�m��mm,�m�m�m���m��m��m��E� m. - -•- - - -.. ommsssss�msssss��ssss�ssss�ssst�sssm�mss�mssm�mss�mss�mssm�mssm�ms�mss��ssss�mssss�ssssm�mssss�mt��ms�t��ss m • mmLammm�mm3mm�mm�mm�m �mmmmmmmmmm�m�momm�m� E m �mmi�mm���m3mmt� 0010=2mt�mmmmtmm3�mm�m III mssm= mss=mss=ffm=ssss m- MEN = am�m�����m�m�m��m��m��ms�m�m��m�msssr��ss��msso�ms��ms��sses��ssr mmsmsmmtmm��mm3mmmmmmmm�mmmmmm3mmm�mtm�momm�m�E MEN, smmsmmsssmsssssmsssssss mssssssmmms�mssmssmmsamssmssosmmss�msssmssssmsssmssssmsssssmsmsssss III mMm men m IIMIMMMF� MMMM E= MEN mmsmamtmm�mm3mmmrm�mmm�m�mmmmammm�momtmm3�mm�m�E m ssss®msmmmammmm mm�mmmmmmmmmmm�mmmmmm� m - sssss assss�ms�mssm�ms ssssmmss"sssms»m�ms �m mss �mssm mssss msssm ens mss mssss�mssssr ens E ssss m imam �m mm�m�mmmt�mmmmmmm "rn=, mom MO. � - mM� mMMF� mm� E m omen IIMIm� m MMff=mm=E m - : • smmsmmt mmo m � m m mMMF m m en �m� men m m m mmom m m� mm�mm� III , . -• sssss�msmmsmssssss»ms�ssssmssssms»x�mmmssm�mmssmssmsmssssmsssme�msmssssmssmssssmssssmsEssss ITS m€amensmtmm�m��mmmm��mm�mm�m�mmmmmmmmm�E m m ©mmsmmm am���mm�mmommmmammmm�mflmomm�m3mommm3m�mm�moE� men=men mom �m m�mm men=mmmm MIN MIN • omensm mms�mm�mm�mmm�mmm�mmm�mmmmmmJmmmo�mo NORm ssst sss MMIMM�mssss MMIMM�mssss IIMMMKI�mss ens! m men ssss mssss mss msss ssss -• - -•-• • ommim �m=,mmmmmmmmmmmmm men m mm mEROSIO m a ssssm•msmmsssmsssssss mMmnvm� mssssssmmsmsssmmsmss�mssmmsssmssssmsssmssssmm�msssmssssss m m �mmm�m�mmmmm�mmmm�mmm�mm�mmmmmmmmm� m m -= - ®msmms� ens® MMM F mam�msm mom ems mssss mss�msss�mss msssIMOMMIsss msIS�m mss mssss m m sss m�ss� mss�sss m m - mmtmmsmsmmmms� � msmWMmsmsm�msmsmsms�ms�msmsms�mmss�® msmm msmsm�ms�msms ms�ms�msmsmsm�mmsmo® Mr .. m�msmms�mm�mmams�msmmsmsmt$oms�msmsmsmsmsmsms�mmma® MEN • omens�m�m�mmsmsms�ms�msmsmsmsmm�m�® MEN . CC - omensmm�mmms�mmsmsmsms®msms �mmmsm� smmsms�msm�mm�m® m �mmmm�m�mmmsmmmsmmmsm�msmm�� m .. m�msmma:��mm�mmmm��msm�ms�msm�ms��msm�ms��m�ms�m�ms�ms�m�mma m -= - mamms�®�msmsmsm�msmmtmsms�msmmm MEN -= - mmmasmmmsms�ens��ms®�msmmssm�mmss�mmssm�mms��mmssmmtmmss m msmmss�msmmssmms�mmmm ma m• omsammm�mmmmmmmm�msm �m msms�mmsmm�m�mma MEN - - o� 11010�183 mM��ms�m�m�mm� m .. om����mm:?mmm?mmmms�ms�m��� m- o�ssss®®mmmmomsmsmsmsmsmsmmm�ms�msmm�m® MIN IMMIMMMII IMMIZEM MIN msIIMMmmsms�msmsm�ms�msmsmsms�msmsms�mmsmo� ®- ... - ®ensmms��msmmm�msmmm�msm�ms�msm�ms��ms�ms��ms�ms�ms�ms�ms�m�ms m mfammsmmm�mmammms�ms�ms®ms��msmsmms�mmsmmsmm;gym® m- --. :. omensm��mm�m�m�m�mms�ms�ms�ms��ms�ms��mmmmsmmmm�msm�ms�ms�mmamm�a m- o�m®mmmmms�ms�msms�msms�msms�msmmm�® m MIN • om��msmsm�msmmsm�mmsmmms�� e m ms�m m MOMMIN IIMIMM�e mmssMUMMMM mmss��mm�smm Moog ensm��msm��msm���msens�m��m�n�mt��msms��msm�ms�mm�ms�mm���mm� Ts COUNCIL MEETING DATE: September 19, 2023 ITEM #: ' CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TRANSPORTATION GRANT FUNDING APPLICATIONS POLICY QUESTION: Should the City Council Authorize Staff to Submit the Proposed Gant Applications for Transportation Projects? COMMITTEE: Land Use and Transportation MEETING DATE: September 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: CHRISTINE MULLEN. P.E. DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated September 11, 2023, Options Considered: 1. Authorize staff to submit the proposed grant applications for transportation projects. 2. Do not authorize staff to submit the proposed grant applications for transportation projects and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the September 19, 2023 Council Consent Agenda for Approval. MAYOR APPROVAL: DIRECTOR 1 &3 APPROVAL: 9 It l7.07-3 ,coiginitic au it Initial/Date Initial/Date Initial COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 19, 2023 Consent Agenda. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize staff to submit the proposed grant applications for transportation projects. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director 4-� Christine J. Mullen, P.E., Engineering Ma alter SUBJECT: Transportation Grant Funding Applications Financial Impacts: Match funding for the 21" Ave SW (SW 320th St to SW 3391h St) Preservation Project will be provided by a combination of Motor Vehicle Excise Tax (MVET) and Traffic Impact Fees (TIF). Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance which is reviewed and adjusted during the budget process. Match funding for the S 320th St (1st Ave S to Pacific Hwy S) Preservation Project will be provided by an existing grant. Upon completion of the project, ongoing costs associated with operations and maintenance will be performed and funded through street maintenance which is reviewed and adjusted during the budget process. Background Information: Staff evaluated eligible National Highway'System Routes against the 2025 NHS Asset Management Program scoring criteria and determined that 21st Ave SW (SW 3201h St to SW 339" St) and S 3201h St (1 st Ave S to Pacific Hwy S) would likely be competitive in the grant funding program. These projects will be added to the Six -Year Transportation Improvement Program update as required for all grant funded projects. Project (Funding Estimated Possible Grant Other Grant Estimated Phase) Grant Project Cost Funds Funds City i Match 21st Ave SW (SW 3201h St to SW 339" St) Preservation Project (Design and Construction NHS Asset $3,000,000 $2,400,000 $0 $600,000 Management Program S 320th St (1st Ave S to Pacific Hwy S) Preservation Project (Design and Construction NHS Asset P3,000,00o $1,500;000 $1,500,000 $0 Management Program Rev. 7/l8 COUNCIL MEETING DATE: September 19, 2023 ITEM #:.y - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: T-MOBILE LLC SITE LEASE AGREEMENT — LAKOTA PARK POLICY QUESTION: Should the City approve a site lease agreement with T-Mobile West LLC for use in its wireless communications services? COMMITTEE: LUTC MEETING DATE: September 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kent van Alstyne W h Attachments: 1. Staff Report 2. Proposed Site Lease Agreement DEPT: Law Options Considered: 1. Approve the proposed Site Lease Agreement and authorize the Mayor to execute. 2. Do not approve proposed Site Lease Agreement and provide direction to staff. MAYOR'S RECOMMENUATION: Option 1. MAYOR APPROVAL: r DIRECTOR APPROVAL: Eno' S Comm' ICC c&uZ 0Z Initia11Date Initlai ate Initially c COMMITTEE RECOMMENDATION: I move to forward the proposed T-Mobile LLC Site Lease Agreement to the, September 19, 2023 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval. of the proposed T-Mobile LLC Site Lease Agreement and authorize the Mayor to sign said agreement. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Kent van Alstyne, City Attorney's Office A SUBJECT: T-Mobile West LLC Site Lease Agreement — Lakota Park Financial Impacts: The revenue to the City for T-Mobile West LLC Site Lease Agreement — Lakota Park will be $3,603.97 per month with an annual increase of 4% on January 1" of each calendar year during the term and renewal terms of the lease. Background Information: T-Mobile West LLC seeks to continue leasing property from the City through a site lease agreement for a portion of property located at Lakota Park to allow for operation of certain equipment for use in connection with its wireless communication services. Exhibits A and B of the proposed site lease agreement indicate the exact location of the leased space. The proposed site lease agreement is for a five-year term that includes the option of three additional five-year terms upon written notice to the City. This agreement is substantially similar to other site lease agreements currently in effect for other companies. The City has had a site lease agreement in place with T-Mobile West LLC (formerly Voicestream PCS III) for this location since 2000. Rev. 7/18 CITY OF CITY HALL '%bq Fe d e ra ! Way33325 Avenue South Federall Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com SITE LEASE AGREEMENT This Site Lease Agreement ("Lease" or "Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and T-Mobile West LLC, a Delaware limited liability company ("Tenant"). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: T-MOBILE WEST LLC: T-Mobile USA, Inc. 12920 SE 38th St. Bellevue, WA 98006 Attn: Lease Compliance/SE04653A Re: Lakota Park Site 1-877-373-0093 (telephone) 1-813-353-6449 (facsimile) CITY OF FEDERAL WAY: Taryn Weatherford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2562 (telephone) Taryn.weatherford@cityoffederalway.com City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease space on and air space above the Premises as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless telephone communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non-exclusive basis, a portion of the Premises, together with necessary space and rights for access and utilities, as described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. Tenant may not add Equipment in addition to that shown on Exhibit B other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) . years and shall commence on (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease will automatically renew for three (3) additional five (5) year terms (each five (5) year term shall be defined as an "Extension Term'. ), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least six (6) months prior to the expiration of the Initial Term or then -existing Extension Term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. 3. Rent. SITE LEASE AGREEMENT - 1 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.c lyoffederalway com a. Starting on the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent $3603.97 Three Thousand Six Hundred Three and 97/100 Dollars ("Rent") per month. As this site is currently in holdover, Tenant shall make all payments necessary to bring Rent payments current within thirty (30) days of executing this Lease. Any rent previously paid from and after the Commencement Date shall be offset against the new Rent. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at 33325 8th Ave S, Federal Way, Washington 98003; Attention: Finance Department. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Term of this Lease and Renewal Terms (if any). Each 4% increase shall become effective January lst of each calendar year. C. Tenant previously paid the City one month's rent as a security deposit in the amount of Nine Hundred Seventy -Five and 00/100 Dollars ($975.00). Within thirty (30) days of executing this Lease, Tenant shall submit to the City a supplement to the Security Deposit for this site in the amount of Two Thousand Six Hundred Twenty -Eight and 97/100 Dollars ($2,628.97) to raise the deposit to the standard amount of one month's rent. The Security Deposit shall be refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Upon installation of Equipment, Tenant shall replace all lamps within City -owned light fixtures, if any have been removed or broken by Tenant's installation of Equipment. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, -any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building construction permit approval process of the City that is applicable to the intended use of the SITE LEASE AGREEMENT - 2 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.crtyoffederalway com Premises by Tenant. C. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to its original condition, excepting normal wear and tear, and to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such non -removal, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. In furtherance of such rights, the Tenant will, upon the City's demand and at the Tenant's sole cost and expense, remove, repair, or relocate, the Equipment pursuant to the City's request and within the reasonable time period prescribed by the City. However, such removal shall not be required to accommodate another carrier. 5. Relocation. In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the premises caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3 ") of asphalt, class "AB", or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or SITE LEASE AGREEMENT - 3 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www_afyo&derafway com damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 7. Improvements. Tenant may update or replace the Equipment from time to time without further approvals provided that the replacement facilities are not greater in number or size or different in type, shape, color, or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit B with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have sixty (60) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements, no lights or signs may be installed on the Premises or as part of the Equipment. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City's approval, which approval shall not be unreasonably delayed or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times, but any access to Tenant's Equipment will be with Tenant accompaniment. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 10. Maintenance. Tenant shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City. Additionally, Tenant shall keep the Premises free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 11. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state or federal law (including the Telecommunications Act of 1996) in effect as of the date of this Agreement. In addition, Tenant specifically acknowledges SITE LEASE AGREEMENT - 4 - 11/2022 TMO Site ID: SE04653A - Lakota Park C17Y OF CITY HALL ��. Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com that all or a portion of the premises is right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights -of -way pursuant to its regulatory authority. 12. Lease Subject to Future Ordinances. Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Premises by City, lessees, licensees, or other entities authorized by the City with rights to the Premises prior in time to Tenant's and in compliance with the requirements of FWRC 19.255.060 as it now exists or is hereafter amended. City shall have the right pursuant to FWRC 19.255.060 to grant rights for co -location of other telecommunications facilities on the Premises but agrees such grant of rights will prohibit others from interfering with the then current equipment of Tenant. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days' notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; v. Upon 10 days' written notice by City, in the event of an emergency, as SITE LEASE AGREEMENT - 5 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwci"ffederalway com determined by the City in its reasonable discretion; vi. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA). vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 25(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. If Tenant elects to terminate pursuant to this subsection, Tenant agrees that neither it, its successors, heirs or assigns will seek to enter into another Site Lease Agreement with the City of Federal Way for the Premises for a period of three (3) years from the date termination is effective, and Tenant waives any claim against the City arising out of any refusal to enter into a new lease should Tenant terminate under this subsection. viii. For any other reason set forth in this Agreement. b. In the event of any termination under this Section, Tenant shall pay City all monies due as Rent up to the time of termination and/or penalties, including attorney and collection fees and any other damages incurred by City as a result of such termination. In addition, Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. C. , No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to terminate this Lease for such previous breach. 15. IndLnuu h and Insurance. a. Disclaimer of Liability: City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any willful act or omission of Tenant, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Tenant's Equipment except for claims arising from the sole negligence or willful act of City and SITE LEASE AGREEMENT - 6 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvey com its officers, boards, commissions, employees, agents, attorneys, and contractors. C. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and including, with the exception of workers compensation insurance, the City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: ii. Commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. Tenant may satisfy the liability requirements herein through the combination of any primary and/or excess liability policy. ii. Commercial automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty 30 days prior written notice shall be given to City by the insurer of any cancellation, with the exception of 10 days for non-payment of premium, such notice to be given by registered mail." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers authorized to do business in the State of Washington and with a rating of A -IV unless waived by the City. h. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the City's attorney, and the actual expenses of City's agents, SITE LEASE AGREEMENT - 7 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. otyoffe deralway. com employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 16. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Subleasing or Assignment. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld, provided, however Tenant may assign without City's prior written consent, to a parent, to any party controlled by, or under common control with Tenant or to any party which acquires 51 % or more of the stock or assets of Tenant. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. 19. Successors and Assigns. Subject to Section 18, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 20. Non -Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 21. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the Premises. 22. Quiet En'o ment Title and Authorit . Tenant acknowledges that its rights are further subject to the Bonneville Power Authority ("BPA") transmission line easements recorded under King County Recording Numbers. 5151931 and 3252563. In the event such easements expire or terminate, so will Tenant's rights under this Lease without any liability on the part of the City. City represents to Tenant, subject to BPA' s easements, that: a. City has authority to execute this Lease; SITE LEASE AGREEMENT - 8 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL �� Feder Federa I VWay8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www clfyof ederafway com b. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens and mortgages and matters of record, and these and any other matters disclosed and/or otherwise apparent to Tenant; C. There is legal ingress and egress to the Premises from a right-of-way; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City; e. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 23. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid for condemnation of the Premises and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Tenant. If this lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 24. Alteration, Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and repair any damage Tenant may have caused by such removal and any damage caused by the presence of the Equipment on the Premises. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of Washington. SITE LEASE AGREEMENT - 9 - 11/2022 TMO Site ID: SE04653A - Lakota Park ,4S CITY OF ,�� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwcdyofiederehvay com d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. C. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14. vii above. h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. i. All actions heretofore taken or authorized by the parties to this Lease with respect to the Equipment and Premises that are the subject of this Lease are ratified, approved, and confirmed in all aspects. 26. Le islative Changes. In the event that any federal, state or local governmental entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations, and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the parties' rights or obligations under this Agreement, Tenant agrees that (except for changes authorized under Section 12 above) the provisions of this Lease contract shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. DATED the effective date set forth above. [signatures to follow] SITE LEASE AGREEMENT - 10 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF Federal Way ATTEST: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffeder'alway com CITY OF FEDERAL WAY: Jim Ferrell, Mayor 33325 8th Ave South Federal Way, WA 98003 APPROVED AS TO FORM: Stephanie Courtney, CMC, City Clerk City Attorney, J. Ryan Call TENANT: T-Mobile West LLC, a Delaware limited liability company By: Name: Title: Date: T-Mobile West LLC STATE OF ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of T-Mobile West LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN my hand and official seal this day of Notary's signature Notary's printed name Notary Public in and for the State of My commission expires SITE LEASE AGREEMENT- TMO Site ID: SE04653A - Lakota Park 2023. 11 /2022 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www o1yoffederakay com EXHIBIT A LEGAL DESCRIPTION OF PREMISES The property is legally described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M.; IN KING COUNTY, WASHINGTON, LYING EASTERLY OF 21ST AVENUE SOUTHWEST, SOUTHWESTERLY OF ROBERT MALTBY ROAD (ALSO KNOWN AS SOUTHWEST DASH POINT ROAD) AND SOUTHERLY OF SOUTHWEST 312TH STREET; AND THAT PORTION OF SAID SUBDIVISION LYING NORTH EASTERLY OF COUNTY ROAD NO. 980 (ALSO KNOWN AS 21ST AVENUE SOUTHWEST), SOUTHERLY OF SOUTHWEST 312TH STREET AND NORTHWESTERLY OF ROBERT MALTBY ROAD (ALSO KNOWN AS DASH POINT ROAD). TAX PARCEL: 1221039016 SITE LEASE AGREEMENT - 12 - 11/2022 TMO Site ID: SE04653A - Lakota Park CITY OF CITY HALL FederaWayFeder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotfederalway. com EXHIBIT B SITE LOCATION WITHIN THE PREMISES, SITE PLAN, AND EQUIPMENT SITE LEASE AGREEMENT - 13 - 11/2022 TMO Site ID: SE04653A - Lakota Park 1C1 €y Z �w8 V 3 :� x H a Z rn a 3 6 Q � W 'C :g ]] N ��i G 5� a _ A.4 1Yls �w ¢ - w ❑ 3 K W g 11 ozB S S = i u ffi� YO 4 �i �8 e$ 1$-mS z 3 N CJJ tlGl 1 z � L'i z F �,a�f 0 0 a a g eoo� 's y J 4: X a G G G G G G y 8 o Q 8 J 3 a-H Z �N &BEFi =s; BE s � U �§ S a �N ~� Z a Z� 0 o o t g t O O < o a. d 1-4co ~ > Q J Lo Q co O¢€a��€his€��� Co zzszz W z. 6j �/j F- z 1 x C Q Z W m W W- a s • s W ■ H 0 Z d W H s vr. w e R o 3 sb� w X 3 Fn co- O - ,. a v a a O$ �I o e - W ' N�� 3;��$s-a 01 p 9 -015^�_ 'Y............. ........ .. .. 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JAL ejb aggg� a eig li�39'U M7A ig&8 �3a�a� CO cM #� Z O p O m o5 O % 00 o o o l �I z95 D I_- LU Z oo o O f§�" Z o. o, x- ¢o ` x 84kz O W a o 0 0 � J a. �€g� o o o O O O $ e" c .� Q U o o o 0 0 b L ge x Z K3 b o o nPIN g ' c g €Q R' O 0 O 9 E=tea �+ o O O O OO o b, = y 2 B ?j u15 �e5w 00 t= COUNCIL MEETING DATE: September 19, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: T-MOBILE LLC SITE LEASE AGREEMENT — BPA / TWIN LAKES ITEM #: POLICY QUESTION: Should the City approve a site lease agreement with T-Mobile West LLC for use in its wireless communications services? COMMITTEE: LUTC CATEGORY: ® Consent ❑ City Council Business MEETING DATE: September 11, 2023 ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Kent van Alstyne DEPT: Law Attachments: 1. Staff Report 2. Proposed Site Lease Agreement Options Considered: 1. Approve the proposed Site Lease Agreement and authorize the Mayor to execute. 2. Do not approve proposed Site Lease Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: APPROVAL: ( S1 ! I Z 3 InitinvDale 11 COMMITTEE RECOMMENDATION: I move to forward the proposed T-Mobile LLC Site Lease Agreement to the September.19, 2023 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed T-Mobile LLC Site Lease Agreement and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Kent van Alstyne, City Attorney's Office , 4 SUBJECT: T-Mobile West LLC Site Lease Agreement — BPA / Twin Lakes Financial Impacts: The revenue to the City for T-Mobile West LLC Site Lease Agreement — BPA / Twin Lakes will be $3,745.97 per month with an annual increase of 4% on January Pt of each calendar year during the term and renewal terms of the lease. Background Information: T-Mobile West LLC seeks to continue leasing property from the City through a site lease agreement for a portion of property located at BPA / Twin Lakes to allow for operation of certain equipment for use in connection with its wireless communication services. Exhibits A and B of the proposed site lease agreement indicate the exact location of the leased space. The proposed site lease agreement is for a five-year term that includes the option of three additional five-year terms upon written notice to the City. This agreement is substantially similar to other site lease agreements currently in effect for other. companies. The City has had a site lease agreement in place with T-Mobile West LLC (formerly Voicestream PCS) for this location since 2003. Rev. 7/18 CITY OF CITY HALL :! Fe d e ra lay 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com SITE LEASE AGREEMENT This Site Lease Agreement ("Lease" or "Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and T-Mobile West LLC, a Delaware limited liability company, ("Tenant"). The City and Tenant are located and do business at the below addresses which shall be valid for any notice required under this Agreement: T-MOBILE WEST LLC: T-Mobile USA, Inc. 12920 SE 38th St. Bellevue, WA 98006 Attn: Lease Compliance/SE04753A Re: BPA / Twin Lakes Site 1-877-373-0093 (telephone) 1-813-353-6449 (facsimile) CITY OF FEDERAL WAY: Taryn Weatherford 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2562 (telephone) Taryn.weatlierford@cityoffederalway.com City is the owner in fee simple of a parcel of land located in the City legally described on the attached Exhibit A (the "Premises"). Tenant desires to lease space on and air space above the Premises as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless telephone communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, on a non-exclusive basis, a portion of the Premises, together with necessary space and rights for access and utilities, as described and depicted in attached Exhibit B. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. Tenant may not add Equipment in addition to that shown on Exhibit B other than as may be approved in writing by the City, which approval may be withheld in the City's sole and absolute discretion. 2. Term. This Lease shall be five (5) years and shall commence on (the "Commencement Date") and shall end at 12:00 a.m. (midnight) on the fifth (5th) anniversary of the Commencement Date. This Lease will automatically renew for three (3) additional five (5) year terms (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least six (6) months prior to the expiration of the Initial Term or then -existing Extension Term. The City may refuse to renew (i) in the event of breach of the Lease during the preceding term, or (ii) any other reason determined by the City in its reasonable discretion. Any such refusal shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current five (5) year term. SITE LEASE AGREEMENT - 1 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Federal ed a r�a l ■ � ViY■■ay 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 3. Rent. a. Starting on the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent $3745.97, Three Thousand Seven Hundred Forty -Five and 97/100 Dollars ("Rent") per month. As this site is currently in holdover, Tenant shall make all payments necessary to bring Rent payments current within thirty (30) days of executing this Lease. Any rent previously paid from and after the Commencement Date shall be offset against the new Rent. Rent for any fractional month at the beginning or at the end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at 33325 8th Ave S, Federal Way, Washington 98003; Attention: Finance Department. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate of two percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Term of this Lease and Renewal Terms (if any). Each 4% increase shall become effective January 1 St of each calendar year. C. Tenant previously paid the City one month's rent as a security deposit in the amount of Nine Hundred Seventy -Five and 00/100 Dollars ($975.00). Within thirty (30) days of executing this Lease, Tenant shall submit to the City a supplement to the Security Deposit for this site in the amount of Two Thousand Seven Hundred Seventy and 97/100 Dollars ($2,770.97) to raise the deposit to the standard amount of one month's rent. The Security Deposit shall be refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. 4. Permitted Use of Premises. a. Tenant shall use that portion of the Premises leased herein for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. Upon installation of Equipment, Tenant shall replace all lamps within City -owned light fixtures, if any have been removed or broken by Tenant's installation of Equipment. b. Tenant shall, at its expense, comply with all applicable present and future federal, state, and local laws, ordinances, rules and regulations (including laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and/or installation of Equipment on the Premises. Tenant shall obtain all required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorney, administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building SITE LEASE AGREEMENT - 2 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Federal edaral Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityo+Yederalway com construction permit approval process of the City that is applicable to the intended use of the Premises by Tenant. C. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removal of the Equipment, Tenant shall restore the Premises to its original condition, excepting normal wear and tear, and to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If however, Tenant requests permission not to remove all or a portion of the improvements, and City consents to such non -removal, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the property, or developing, improving, repairing or altering the property. In furtherance of such rights, the Tenant will, upon the City's demand and at the Tenant's sole cost and expense, remove, repair, or relocate, the Equipment pursuant to the City's request and within the reasonable time period prescribed by the City. However, such removal shall not be required to accommodate another carrier. 5. Relocation. In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may terminate this Lease, the effective termination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 6. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the premises caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Tenant shall repair the damage and/or restore the right-of-way at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the premises shall be to a condition, which is equivalent to or better than the condition of the premises prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3 ") of asphalt, class "AB", or be replaced to the original condition, at the City's sole SITE LEASE AGREEMENT - 3 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 7. Improvements. Tenant may update or replace the Equipment from time to time without further approvals provided that the replacement facilities are not greater in number or size or different in type, shape, color, or height than the existing facilities and that any change in their location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in attached Exhibit B with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have sixty (60) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requirements, no lights or signs may be installed on the Premises or as part of the Equipment. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall also submit a construction schedule to the City for the City's approval, which approval shall not be unreasonably delayed or withheld. 8. Premises Access. Tenant shall have reasonable access to the Premises 24-hours-a-day, 7-days-a-week. City retains and reserves the right to access the Premises at all times, but any access to Tenant's Equipment will be with Tenant accompaniment. 9. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use of the Premises and shall timely pay all costs associated therewith. 10. Maintenance. Tenant shall, at its own expense, maintain the Premises and Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City. Additionally, Tenant shall keep the Premises free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements, and shall keep the same in good repair and condition during the Lease term. 11. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state or federal law (including the Telecommunications Act SITE LEASE AGREEMENT - 4 - 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Federal Way 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www ci" federalway. com of 1996) in effect as of the date of this Agreement. In addition, Tenant specifically acknowledges that all or a portion of the premises is right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to franchise or otherwise permit usage of rights -of -way pursuant to its regulatory authority. 12. Lease Subject to Future Ordinances. Tenant acknowledges that the City may develop rules, regulations, ordinances and specifications for the use of the right-of-way and City property which shall govern Tenant's Equipment and activities hereunder as if they were in effect at the time this Lease was executed by the City and Tenant covenants and agrees to be bound by same. 13. Interference. Tenant shall not use the Premises in any way, which interferes with the use of the Premises by City, lessees, licensees, or other entities authorized by the City with rights to the Premises prior in time to Tenant's and in compliance with the requirements of FWRC 19.255.060 as it now exists or is hereafter amended. City shall have the right pursuant to FWRC 19.255.060 to grant rights for co -location of other telecommunications facilities on the Premises but agrees such grant of rights will prohibit others from interfering with the then current equipment of Tenant. In addition, with regard to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all FCC requirements. 14. Termination. a. Except as otherwise provided herein, this Lease may be terminated, without penalty to City or further liability of City, as follows: i. Upon thirty (30) days written notice by either party for failure to cure a default or breach, including non-payment of amounts due under this Lease, within that thirty (30) day period; or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; ii. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs; iii. Upon thirty (30) days written notice by City if Tenant abandons, vacates or ceases using the Premises or Equipment; or if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within 120 days; iv. Upon thirty (30) days' notice written notice by City, for any reason as determined by the City in its reasonable discretion, including reasons involving public health, safety or welfare; SITE LEASE AGREEMENT - 5 - 11/2022 TMO Site ID: SE04753A CITY OF Alt Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cHyoffederahvay com v. Upon 10 days' written notice by City, in the event of an emergency, as determined by the City in its reasonable discretion; vi. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes, ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, "including, without limitation, all requirements of the FCC and the Federal Aviation Administration (FAA). vii. Upon thirty (30) days written notice by Tenant of a court decision described in Section 25(g) of this Lease below, and Tenant elects to terminate this Lease as a consequence of such court decision. If Tenant elects to terminate pursuant to this subsection, Tenant agrees that neither it, its successors, heirs or assigns will seek to enter into another Site Lease Agreement with the City of Federal Way for the Premises for a period of three (3) years from the date termination is effective, and Tenant waives any claim against the City arising out of any refusal to enter into a new lease should Tenant terminate under this subsection. viii. For any other reason set forth in this Agreement. b. In the event of any termination under this Section, Tenant shall pay City all monies due as Rent up to the time of termination and/or penalties, including attorney and collection fees and any other damages incurred by City as a result of such termination. In addition, Tenant shall, at its sole expense, return the Premises to the same condition as prior to this Lease (normal wear and tear excepted), and shall remove all Equipment. C. No re-entry and taking of possession of the Premises by City shall be construed as an election on City's part to terminate this Lease, regardless of the extent of renovations'and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to terminate this Lease for such previous breach. 15. Indemnity and Insurance. a. Disclaimer of Liability: City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any willful act or omission of Tenant, its employees, agents, or contractors or which may be in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or SITE LEASE AGREEMENT - 6 - 11/2022 TMO Site ID: SE04753A A,k, Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwcrtyofledersfway com Tenant's Equipment except for claims arising from the sole negligence or willful act of City and its officers, boards, commissions, employees, agents, attorneys, and contractors. C. Insurance: During the term of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and including, with the exception of workers compensation insurance, the City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: ii. Commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. Tenant may satisfy the liability requirements herein through the combination of any primary and/or excess liability policy. ii. Commercial automobile liability insurance with combined single minimum limits of Two Million Dollars ($2,000,000) per occurrence and Five Million Dollars ($5,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, shall be filed and maintained with City prior to commencement of the term of this Lease and thereafter. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "At least thirty 30 days prior written notice shall be given to City by the insurer of any cancellation, with the exception of 10 days for non-payment of premium, such notice to be given by registered mail." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers authorized to do business in the State of Washington and with a rating of A -IV unless waived by the City. h. Defense of City: In the event any action or proceeding shall be brought against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all out-of-pocket expenses such as attorney fees and shall also include the reasonable value SITE LEASE AGREEMENT _ 7 _ 11/2022 TMO Site ID: SE04753A CITY OF CITY HALL Federal �� 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com of any services rendered by the City's attorney, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in connection with such suits, actions or proceedings. 16. Holding Over. Any holding over after the expiration of the term hereof, with the consent of the City, shall be construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and conditions herein specified. 17. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the Commencement Date. City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 18. Subleasing or Assi n ient. Tenant may not assign this Lease or sublet the Premises or Equipment, in whole or in part, without the prior written consent of City, which may not be unreasonably withheld, provided, however Tenant may assign without City's prior written consent, to a parent, to any party controlled by, or under common control with Tenant or to any party which acquires 51 % or more of the stock or assets of Tenant. City may inquire into the qualifications and financial stability of a potential assignee or sublessee and reasonably request any information related to such inquiry and may also condition such approval upon the financial, legal and technical expertise of a proposed assignee or sublessee and upon the resolution of any compliance obligation under the Lease. If the City has not responded to a request to assign or sublet with a decision within forty-five (45) days, City approval shall be deemed given. Tenant may, however, upon notice to City and without City approval, mortgage or grant a security interest in this Lease and the Equipment. 19. Successors and Assigns. Subject to Section 18, this Lease shall be binding upon and inure to the benefit of the parties, and their respective permitted successors and assigns. 20. Non -Waiver. Failure of City to insist on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but City shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. Damages are not an adequate remedy for breach. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 21. Taxes. Tenant shall pay all personal property taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the term of this Lease attributable to the Equipment or Tenant's use of the Premises. 22. Quiet Enjoyment, Title and Authority. Tenant acknowledges that its rights are further subject to Tenant's existing easement(s) with the Bonneville Power Authority ("BPA"). In the event such easements expire or terminate, so will Tenant's rights under this Lease without any liability on the part of the City. City represents to Tenant, subject to BPA's interest in the Premises, that: a. City has authority to execute this Lease; SITE LEASE AGREEMENT - 8 - 11/2022 TMO Site ID: SE04753A Federal Way CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.ci(yoffederafway.com b. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens and mortgages and matters of record, and these and any other matters disclosed and/or otherwise apparent to Tenant; C. There is legal ingress and egress to the Premises from a right-of-way; and d. Execution and performance of this Lease will not violate any laws or agreements binding on City; e. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 23. Condemnation. In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid for condemnation of the Premises and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant shall have the right to claim and recover from the condemning'authority, other than the City, such other compensation as may be separately awarded or recoverable by Tenant. If this lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 24. Alteration. Damage or Destruction. If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days written notice to City. In such event, Tenant shall promptly remove the Equipment from the Premises and repair any damage Tenant may have caused by such removal and any damage caused by the presence of the Equipment on the Premises. This Lease (and Tenant's obligation to pay rent) shall terminate upon Tenant's fulfillment of the obligations set forth in the preceding sentence and its other obligations hereunder, at which termination Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. City shall have no obligation to repair any damage to any portion of the Premises. 25. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. b. With the exception of applicable and future laws, ordinances, rules, and regulations this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. C. This Lease shall be construed in accordance with the laws of the State of SITE LEASE AGREEMENT - 9 - 11/2022 TMO Site ID: SE04753A CITY Of CITY HALL Fe d e ra [ Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cVoffederalway com Washington. d. Section captions and headings are intended solely to facilitate the reading thereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Lease, where such term is substantially equivalent to a term of this Lease, the City may, at its sole option and within 30 days of notice thereof by Tenant: (i) determine that such judicial determination shall not affect the terms of this Lease, which shall continue in full force and effect; (ii) determine that a term of this Lease is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect; or (iii) terminate this Lease pursuant to Section 14. vii above. h. This Agreement may be enforced at both law and equity. Damages are not an adequate remedy for breach. i. All actions heretofore taken or authorized by the parties to this Lease with respect to the Equipment and Premises that are the subject of this Lease are ratified, approved, and confirmed in all aspects. 26. Leg_islative Changes. In the event that any federal, state or local governmental entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations, and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the parties' rights or obligations under this Agreement, Tenant agrees that (except for changes authorized under Section 12 above) the provisions of this Lease contract shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. DATED the effective date set forth above. [signatures to follow] SITE LEASE AGREEMENT - 10 - 11/2022 TMO Site ID: SE04753A CITY OF Federal Way ATTEST: Stephanie Courtney, CMC, City Clerk CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwutyoffederalway com CITY OF FEDERAL WAY: Jim Ferrell, Mayor 33325 8th Ave South Federal Way, WA 98003 APPROVED AS TO FORM: City Attorney, J. Ryan Call TENANT: T-Mobile West LLC, a Delaware limited liability company By: Name: Title: Date: T-Mobile West LLC STATE OF COUNTY OF ) ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of T-Mobile West LLC, a Delaware limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN my hand and official seal this day of Notary's signature Notary's printed name Notary Public in and for the State of My commission expires 2023. SITE LEASE AGREEMENT - 11 - 11 /2022 TMO Site ID: SE04753A CITY of CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 WWWd yaflederarway com EXHIBIT A LEGAL DESCRIPTION OF PREMISES The property is legally described as follows: TRACTS A AND B, MEADOWPARK DIVISION 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 145 OF PLATS, PAGES 98-101, INCLUSIVE, IN KING COUNTY, WA TAX PARCEL: 542242-0900 SITE LEASE AGREEMENT - 12 - 11/2022 TMO Site ID: SE04753A clTr of CITY HALL A Fe d e ra I Way Feder 8tn Avenue South Federal Way, WA 98003-6325 (253) 835-7000 WWW.c7[yof(Bfiem1way com EXHIBIT B SITE LOCATION WITHIN THE PREMISES, SITE PLAN, AND EQUIPMENT SITE LEASE AGREEMENT - 13 - 11/2022 TMO Site ID: SE04753A m ow tit'��9w x sr uomo a �w ° a-- W 1' Q N a W O m3 ��3 c e FNzaao z g a zm W > N zo a a¢ g m_`e0 eC w nazi F. F. 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U, / \ .:/ Q§ gw< + / . § - � � /o ' , on COUNCIL MEETING DATE: September 19, 2023 ITEM #: U. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO ADD ONE (1) SENIOR TRAFFIC REVIEWER POSITION POLICY QUESTION: Should the City Council authorize the addition of one (1) Senior Traffic Reviewer position? COMMITTEE: Land Use and Transportation MEETING DATE: September 11, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: EJ WALSH, P.E. DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated September 11, 2023. Options Considered: 1. Authorize one (1) Senior Traffic Reviewer position. 2. Do not authorize one (1) Senior Traffic Reviewer position and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends Option 1 be forwarded to the September 19, 2023 Council Consent Agenda for Approval. MAYOR APPROVAL: DIRECTOR 7 J APPROVAL: Caron toVI COUPIC11Initial/Date fnu�alr atc Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the September 19, 2023 Consent Agenda. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize adding one (1) Senior Traffic Reviewer position. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: LUTC Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director ,1� SUBJECT: Authorization to ruin! One (1) Senior Trayrc Reviewer Position FINANCIAL IMPACTS: This position is funded by the Red Light Fund and will be reimbursed by collected review fees. No foreseeable financial impacts to the City are expected as a result of an additional Senior Traffic Reviewer. BACKGROUND: The Traffic Division within Public Works currently has one (1.4) positions responsible for review of all development applications. Other responsibilities of the Traffic staff include supporting both Public Works and other Departments with traffic planning, traffic calming, traffic modeling, support of traffic capital projects, and more. Public Works has been using up to three (3) outside engineering firms to supplement the review workload, which also requires managing their contracts, assigning work, ensuring review consistency, and enforcement of City standards. The development community has been encouraging staff to add substantial additional internal review capacity within the Traffic Division for an extended time. The feedback provided is doing so increases their access to staff, ensures higher constancy, which allows them to have clearer expectations, and to improve review times. As a City, over the last several years we have seen both the number and complexity of applications continue to rise. Both of these factors require additional staff time and coordination which is not currently available to meet review goal timelines. • - Last year Council authorized increasing the number of reviewers from 0.4 to 1.4. That additional staff position has helped reduce the review backlog, and provided increased access to staff from both developers and the community at large. As part of that presentation, there was discussion if we should only add 1 position or if up to a total of 3 additional positions should be added simoultaneously. Several Councilmembers encouraged adding multiple, however staff recommended adding 1 and coming back to add an additional position once the workload had leveled and a demonstrated need could be verified. In looking at the current workload, active applications, and number of pre -application meetings that have occurred additional resources are needed to meet the expectations of the development community. It is expected that while this will further reduce the number of applications outsourced, we will still need to rely on outside engineering firms to complete review work for development applications to meet the number of applications currently and projected to be submitted. The application fees for development projects covers the City's review costs, therefore no foreseeable financial impacts are expected as a result of the addition of an additional staff member. This position is classified as Grade 52, with a range from $8,992 to $11,389 per month plus benefits. The total (salary plus benefits) for the first year amount to $143,873. COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: QUARTERLY UPDATE - PROGRESS ON COMPREHENSIVE PLAN PERIODIC UPDATE POLICY QUESTION: N/A COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 11, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Chaney Skadsen, Senior Planner ( Attachments: N/A Options Considered: N/A DEPT: Community Development MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: 3 DIRECTOR APPROVAL: 23 m ee ultdil '� Initial Dale lnilia4 tc Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A As approved by the City Council, the Comprehensive Plan Periodic Update Public Participation Plan, planning stall will provide quarterly updates to the Land Use and Transportation Committee. Topics to be presented include community engagement efforts, Comprehensive Plan chapter progress and schedule review. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 31, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Keith Niven, AICP, CEcD, Community Development Director Chaney Skadsen, Associate Planner SUBJECT: Quarterly Update - Progress on Comprehensive Plan Periodic Update FINANCIAL IMPACTS: There are no financial impacts for the presentation of this information. MEETING OBJECTIVES: 1. Review and discuss Comprehensive Plan Periodic Update schedule for final adoption 2. Review legislative changes to the Housing Chapter requirements. BACKGROUND The City of Federal Way is required to conduct a Periodic Update of its Comprehensive Plan to be eligible for grants and loans from certain state infrastructure programs. The City of Federal Way's Comprehensive Plan is required to be consistent with the Growth Management Act (GMA), Multicounty Planning Policies known as PSRC's VISION 2050, and the King County Countywide Planning Policies (CPP). Growth Manap_ement Act The Growth Management Act (GMA) was first adopted in 1990 to address ways to accommodate growth. It requires that the fastest -growing cities and counties complete comprehensive plans and development regulations to guide future growth and is primarily codified under Chapter 36.70A RCW. In 2021, the Washington Legislature changed the way communities are required to plan for housing. House Bill 1220 (2021) amended the Growth Management Act (GMA) goal for housing instructing local governments to "plan for and accommodate" housing affordable to all income levels. This significantly strengthened the previous goal, which was to encourage affordable housing. The amended law also directed the Department of Commerce to project future housing needs for jurisdictions by income bracket and made significant updates to how jurisdictions are to plan for housing in the housing element of their comprehensive plans. These new changes to local housing elements include: Planning for sufficient land capacity for housing needs, including all economic segments of the population (moderate, low, very low and extremely low income, as well as emergency housing and permanent supportive housing). Providing for moderate density housing options within Urban Growth Areas (UGAs), including but not limited to duplexes, triplexes and townhomes. • Making adequate provisions for housing for existing and projected needs for all economic segments of the community, including documenting programs and actions needed to achieve housing availability. ■ Identifying racially disparate impacts, displacement and exclusion in housing policies and regulations, and beginning to undo those impacts; and identifying areas at higher risk of displacement and establishing anti -displacement policies. Consistent with the changes enacted by HB 1220 to Chapter 36.70A RCW, the Department of Commerce is required to provide counties with the number of permanent housing units and emergency housing beds necessary to manage the projected growth and meet both, current unmet and future housing needs, over the planning period. Permanent housing projections are expressed as a total countywide housing need figure that is then divided into units for moderate-, low-, very low-, and extremely low-income households. Permanent supportive housing is included as a subset of the 0 to less than or equal to 30 percent area median income projection. Countywide needs for emergency housing beds, which include both emergency shelters and emergency housing, are supplied separately by the state. Countywide Planninp, Policy Update The Countywide Planning Policies (CPPs) were comprehensively reviewed and updated in 2021 to center social equity and health outcomes, integrate regional policy and legislative changes, implement the VISION 2050, and provide clear, actionable direction for comprehensive plan updates. On August 15, 2023 another set of amendments to the CPPs related to countywide and jurisdictional housing needs were approved by the King County Council (Ordinance #2023-0224). Amendments to the policies in the Housing chapter include the following: ■ Update language for consistency with housing needs definition consistent with the GMA and clarifies that meeting housing needs requires resources and involvement from other levels of government, nonprofits, and the private sector. ■ Establish jurisdictional housing need for moderate-, low-, very low-, and extremely low- income households. • Update requirements for the Housing Inventory Analysis to reflect CPP updates and 2021 GMA updates. • Add new policies to improve the effectiveness of existing housing policies and strategies to address gaps in meeting the jurisdiction's housing needs and eliminate racial and other disparities in access to housing and neighborhoods of choice. • Restructure the Review, Monitor, Report, and Adjust section. See Accountability Framework section below for more information. The process for determining how the countywide housing need would be allocated to local jurisdictions was led by the Affordable Housing Committee (AHC) of the Growth Management Planning Council (GMPC), which serves as a regional advisory body. Using the minimum standards from the Department of Commerce for allocating need, the AHC evaluated and considered three options and methodologies over a series of months, for potential housing allocation, below is a summary of the options considered: • Option 1: Focus on New Growth - Same shares of new housing growth are affordable in every jurisdiction ■ Option 2: Focus on 2044 - Same shares of total housing stock in 2044 are affordable in every jurisdiction • Option 3: Focus on New Growth Adjusted for Local Factors - Same shares of new housing growth are affordable in every jurisdiction and adjusts outputs within each income band by certain factors Following extensive evaluation and consideration, Option 3: Focus on New Growth Adjusted for Local Factors was the selected methodology for allocating jurisdictional housing need. This methodology includes taking in to consideration local factors, such as the percentage share of housing that is affordable, percentage share of housing that is income restricted, and the ratio of low -wage jobs to low wage workers. Table 1 below displays the Metropolitan and Core Cities in King County. The South King County Core Cities listed in Table 1 are visually displayed in Chart 1 below. Table 2: Metropolitan and Core City Housing Needs 2019-2044 Jurisdictional Net New Permanent H_ ousin Units Needed, 2019-2044 Jurisdictions 0 to <30% j >80 to >100 Net New Total Non- PSH >30 to >50 to 8 00 to >120 Emergency PSH <50% <80% - M % Housing % <120% Needs ° Bellevue o al w U ° Seattle Auburn 35,000 11,925 6,270 8,780 2,671 703 798 3,853 ; 6,688 112,000 28,572 15,024 19,144 7,986 5,422 6,150 29,70 12,000 1,543 812 309 616 1,146 1,299 6,275: Bothell 5,800 2,100 1,105 819 654 147 167 808 Burien 7,500 1,444 759 524 407 574 650 3,142 Federal 11,260 1,799 946 842 208 981 1,112 5,372 Way 21,401 2,293 1,108 1,433 2,152 Issaquah 3,500 1,093 575 868 460 66 75 363 ; 669 Kent 10,200 1,872 984 788 318 820 929 4,489 1,949 Kirkland 13,200 4,842 2,546 3,052 1,022 228 259 1,251 2,522 Redmond 20,000 7,025 3,694 3,870 2,765 348 394 1,904 3,822 Renton 17,000 4,110 2,161 1,624 1,019 1,062 1,205 5,819 3,248 SeaTac 5,900 646 340 183 143 603 683 3,302 1,127 Tukwila 6,500 896 471 274 214 610 692 3,343 1,242 The purpose of Chart 1 is to visually display a comparison of the distribution of the net new permanent housing units allocated to Core Cities in the South King County Subregion including Auburn, Burien, Federal Way, Kent, Renton, SeaTac, and Tukwila. Chart 1: South King County Core Cities Net New Permanent Housing Units Needed, 2019-2044 South King County Core Cities Housing Need, 2019-2044 18,000 16,000 14,000 12,000 10,000 I 8,000 6,000 4,000 2,000 i 0 Auburn Burien Federal Way Kent Renton SeaTac Tukwila ■ Non-PSH ■ PSH ■ >30 to <_50% a >50 to <_80% o >80 to <_100% 3 >100 to <_120% ■ >120% Federal Wav llousin2 Needs The allocated share of countywide future housing needs for Federal Way is displayed in Chart 2. Federal Way Net New Permanent Housing Units Needed, 2019-2044 below. While the data in Table 1 includes a column f6r the following moderate-, low-, very low- and extremely low-income households as well as emergency housing, emergency shelters, and permanent supportive housing, it is worth noting that the housing need allocation of 11,260 does not include emergency housing and shelter need. Chart 2: Federal Way Net New Permanent Housing Units Needed, 2019-2044 Federal Way Housing Need, 2019-2044 1 0.8 0.6 0.4 0.2 0 0 0 0 0 0 0 0 #REF! 0 0 0 0 0 0 0 AUC Accountability Framework Amendments to the CPP for the Housing Chapter and Housing Technical Appendix established a three- part accountability framework for equitably meeting housing needs across King County. The framework is provided in summary below to provide insight of the new expectations of the City's Housing Chapter in the short and medium term. • Review Plans. Before the adoption of a periodic update to a comprehensive plan, the AHC would review draft plans for alignment with the CPP Housing Chapter and comments. This would occur with every 10-year update process, starting in 2023 with the 2024 cycle. • Monitor and Report. After comprehensive plan adoption, AHC would measure jurisdictional progress to plan for and accommodate affordable housing needs in the dashboard using standardized benchmarks, a comparative standard, and housing data trends. This would occur annually, starting in 2024. • Mid -Cycle Check -in and Adjustment. Five years after comprehensive plan adoption, the GMPC would review the information collected through annual monitoring and reporting. Based on this analysis, the GMPC would identify jurisdictions with significant shortfalls in planning for and accommodating housing needs, provide findings that describe the nature of shortfalls and may make recommendations that jurisdictions act to address them. Jurisdictions with significant shortfalls in planning for and accommodating would need to then identify and implement actions to address the shortfalls. This would occur every 10 years, starting in 2029. COUNCIL MEETING DATE: N/A ITEM #: 1 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROGRESS UPDATE ON SOUND TRANSIT PROJECTS IN FEDERAL WAY POLICY QUESTION: None. COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 11, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Kent Smith P.E., Sound Transit Liaison DEPT: Public Works Attachments: 1. Staff Report Options Considered: N/A MAYOR'S RECOMMENDATION: N/A OR MAYOR APPROVAL: ,a1, N/A lummiAc, Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: Initial/Date N/A N/A N/A Jack Dove , Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: N/A BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Kent Smith, P.E., Sound Transit Liaison/� SUBJECT: Progress Update on Sound Transit Projects in Federal Way Financial Impacts: None. Background Information: Staff will present the monthly progress update on the Sound Transit projects in the City of Federal Way. Updates for this month include: Federal Way Link Extension: • Remaining Work'at MarkTwain Elementary is expected to be complete 8/30/23. ■ Utility work is ongoing in the vicinity of the new transit station. ■ Roadway paving of new roadway for 23`d Ave S and S 317d' St continues with concrete panels going in along 23`d Ave S and S 317d' St. • Roadway work for 23`d Ave S and S 317"' St is scheduled to shift to opposite sides of the roadway for each road beginning 9/6/23. • Realignment and restoration of Bingaman Creek continues. • Landscaping, stormwater installation, noise wall construction, systems ductwork, concrete plinths, OCS foundations, sub ballast installation, and MSE wall construction is ongoing along the corridor. • Rail delivery and installation continues along the corridor. ■ Storm drainage for the new 22°d Ave S, S 319d' St, and S 318d' St adjacent to the new transit station is ongoing. • Concrete work for the new garage extension is nearly complete with a few level 5 deck and column pours remaining. • Artwork for the garage extension is undergoing fabrication and is expected to be installed in early 2024. • Work continues to construct traction power substations with foundation and utility work. Rev 7/18 • Federal Way Transit Center Station work continues with structural steel installation, ceiling and architectural wall panel installation, elevator installation and testing, and plumbing, electrical and glass work. • Interior work for the End of Line Facility is ongoing. OMF South: • No updates since last LUTC meeting. Tacoma Dome Link Extension: No updates since the last LUTC meeting. Rev. 7/18 COUNCIL MEETING DATE: N/A ITEM #: J. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROGRESS UPDATE ON THE JOINT OPERATIONS AND MAINTENANCE FACILITY POLICY QUESTION: None. COMMITTEE: Lane Use and Transportation Committee MEETING DATE: September 11, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Desiree S. Winkler, P.E., Deputy Director tip DEPT: Public Works Attachments: 1. Staff Report Options Considered: N/A MAYOR'S RECOMMEND TiON: N/A MAYOR APPROVAL: A N/A DIRECTOR APPROVAL: omi ` cc Council &tiallDate Initial/Da[e ini[ial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: N/A BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1 /2022 RESOLUTION 4 CITY OF FEDERAL WAY MEMORANDUM DATE: September 11, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Desiree S. Winkler, P.E., Deputy Public Works Director SUBJECT: Joint Operations and Maintenance Facility Update Financial Impacts: The cost to the City for Joint Operations and Maintenance Facility (O&M Facility) was included within the approved 2023-2024 budget under the Streets Capital Budget 306 (Project 610) and will be funded from a combination of General Fund, REET, and Surface Water Management fees. The property acquisition will require a budget adjustment to move funds from 2024 to 2023. Upon completion of the O&M Facility future costs will be consistent with current costs due to this project being a replacement for several existing facilities. Back round information: In May 2020, council authorized staff to move forward with preliminary studies to determine scope, size, and location of a new O&M facility. In May 2021, staff briefed council of the programming needs (aka. property size needed) and selection criteria to be used to identify the preferred site location. In February 2023, council selected the preferred site, "Site 1: Existing O&M Site — Expand to the North," and authorized staff to move forward with the associated property acquisition. Staff will provide an update of the project progress on property acquisition and design and share next steps and schedule. Rev 7/I S